Mary Kitchen (Mary Kitchin)
          1889

Estate of Mary Kitchen 1889
From LDS microfilm #2057543

SUPREME COURT OF NEWFOUNDLAND

St. John's
To Wit
Robert J. Kent of St. John's, Solicitor, maketh oath and saith that on the twentieth day of January A.D. one thousand eight hundred and eighty eight at St. John's aforesaid he this deponent was present and did see Mary Kitchin late of St. John's, Widow, the Testatrix named in the paper writing hereto annexed, duly sign publish and declare the said annexed paper writing as and for her last Will and Testament in the presence of this Deponent and of John P. Kent the other subscribing witness thereto. That Deponent and said John P. Kent then and there signed their names to such Will as such witnesses in the presence of the said Testator and of each other and that at the time of the said Execution of the said Will the said Testator was of sound and disposing mind, memory and understanding, to the best of Deponent's knowledge and belief.

SWORN before me at                                        Robert J. Kent
St. John's aforesaid, this
17^th day of June A.D.,
One Thousand Eight Hundred
and Eighty Nine.
(Signature not shown)

I, Mary Kitchin of St. John's, Widow, do make, publish and declare this as and for my last will and testament.
First. I direct that all my just debts, funeral and testamentary expenses shall be paid.
Second. I give devise and bequeath to my executor hereinafter named the sum of four hundred dollars in trust to pay the same to my daughter Eliza now a nun in the convent of St. Michael at Belvidere near St. John's and known in religion as Sister Mary Angela and also to my said Executor I give and bequeath two shares in the Capital stock of the Union Bank of Newfoundland in trust to pay the interest dividends and other income which will from time to time be due and payable by the said Bank upon the said shares to my said daughter during her lifetime and after her decease to assign and transfer the said two shares to the said Convent to be applied by the Reverend Superioress for the time being for the uses and purposes and towards the support and maintenance of the Nuns therein.
Third: I do hereby direct and appoint that my said executor shall pay to my said daughter Eliza the sum of forty dollars per annum during her lifetime and I do hereby charge my estate and effects of every kind and nature with the payment of this annuity and for the payments to be made under this and the second bequest of this my will I do direct that the receipts of my said daughter under her hand shall be the only proper and valid discharges to my said executor.
Fourth: I give devise and bequeath to the Ladies St. Vincent

Page 2

de Paul Society in St. John's the sum of forty dollars for the use and purposes of that Society.
Fifth: I give devise and bequeath to the St. Vincent de Paul Society in St. John's the sum of forty dollars for the use and purposes of that Society.
Sixth: I give devise and bequeath to the Most Reverent the Bishop of St. John's the sum of forty dollars to be by him paid and applied to and for the purposes of the Orphanage at Villa Nova near Topsail.
Seventh: I give devise and bequeath to the Venerable Archdeacon William Forristal, The Very Reverend John Scot, The Reverend Patrick J. Delaney, The Very Reverend Michael A. Fitzgerald, The Reverend Daniel O'Brien, The Reverend William A. Hearn, The Very Reverend John Ryan, The Reverend William Dontney, The Reverend M Clancy and the Reverend William Brown the sum of twenty dollars each for masses for the repose of the souls of my husband, my children and myself.
Eighth: As regards the real residue and remainder of my lands, goods, chattels ---- property estate and effects of every kind and nature whatsoever and wheresoever situate, and inclusive of whatever property, if any, may be set aside to meet the above mentioned payment of forty dollars per annum to my daughter Eliza. I give devise and bequeath the same, subject to and charged with the payment of the said sum of forty dollars per annum to my daughter Eliza, to my daughter Ellen Fenelon, wife of Maurice Fenelon of St. John's aforesaid as separate estate free and clear of the debts, liabilities and control of her present or any future husband.
Ninth: I do

Page 3

hereby nominate and appoint the said Maurice Fenelon as Executor and Trustee of this my will and lastly I do hereby revoke annul and declare void all former and other wills by me made.
Witness my hand at St. John's this twentieth day of January Anno Domini 1888.

Mary Kitchin

Signed by the said Mary Kitchin as and for
her last will and testament in our presence
who in her presence and in the presence of
each other have hereto set our hands as
witnesses on the day and year above
written.
Robert J. Kent
John P. Kent

NEWFOUNDLAND
In the Supreme Court

AFFIDAVIT.
--------------------

You shall swear that you believe this to be the true last Will and Testament of Mary Kitchin late of Saint John's in the Island of Newfoundland, widow, deceased.

You shall swear that you will pay all the Debts and Legacies of the Deceased, so far as the Goods shall extend and the Law shall bind you; and that you will exhibit a true, full and perfect Inventory of all and every the Goods, Rights and Credits of the deceased, together with a just and true account into the Registry of the Supreme Court of Newfoundland, when you shall be lawfully called thereto: And you shall further swear that the whole of the Goods, Rights, Chattels, Assets, Credits, and Effects of the said Mary Kitchin, deceased, and of which she died possessed, do not, according to the best of your knowledge, judgment and belief, amount to the value of thirteen thousand Dollars.

So help you God.

Sworn before me, at St. John's,
this 21^st day of June A.D., 1886                                        Maurice Fenelon

Geo. J. Adams
Commissioner of Affidavits, Supreme Court

1889

Estate of Mary Kitchin
late of St. John's
in the Central District,
widow, deceased.

Dated 24 June 1889

Probate granted to
Maurice Fenelon
the Executor named in the Will.

Estate sworn under $13,000⁰⁰/₁₀₀

To the Honorable the Supreme Court or any
one of the Honorable the Judges
thereof.

The Petition of the Honorable Maurice Fenelon of St. John's, Colonial Secretary

Humbly Sheweth

That Mary Kitchin of St. John's, widow, died there on the twenty fifth day of February Anno Domini 1889 having first made and executed her last will and testament as hereto annexed which said will has been proved in common form.
That the said Testatrix left her surviving two daughters, Ellen now the wife of your Petitioner and Eliza now a nun and known in religion as Sister Mary Angela.
That she died possessed of property situate within the jurisdiction of this Honorable Court to the probable value of twelve thousand five hundred dollars.
That I ?????? by her said last will and testament she nominated and appointed your petitioner as Executor thereof.
That no probate or administration of the Estate of the said deceased has hitherto been granted.
Your Petitioner therefore prays that probate of the said will be granted to him.
And your petitioner as in duty bound will ever pray &c &c &c

Maurice Felelon
Robert J. Kent
Solicitor

In the Supreme Court

In the matter of the will
and Estate of Mark Kitchin
late of St. John's, widow, deceased.
Maurice Fenelon of St. John's, Colonial

Page 2

Secretary, maketh oath and saith that he is the Petitioner in the above written petition named and that the several matters therein set forth are just, correct and true.

Sworn before me at St. John's aforesaid                              Maurice Fenelon
this 21^st day of June Anno Domini 1889.
Geo. J. Adams
Commissioner of Affidavits

Sup. Ct.

In the matter of the will
and estate of Mary Kitchin
late of St. John's,
widow, deceased.

Petition for Probate

Fiat
J. J. Little
A. J.

(Written to the right side of the above:)
???          3.75
c               .50
p             1.50
copy       1.75
ref          1.75
aff            .75
          $10.00

Notice

After three days application will be made to the Honorable the Supreme Court or to a Judge thereof for probate of the will of Mary Kitchin late of St. John's in the Central district widow deceased to be granted to Maurice Fenelon of St. John's, the Executor in the said will named.
Dated at St. John's, this 17^th day of June Anno Domini 1889.

GJA                              Robert J. Kent
Actg CC & R                Proctor for said Executor

Certificate

I hereby certify that the notice on the other side, hereof contained, has been posted in the office of the Chief Clerk of the Supreme Court in St. John's from the date thereof until this date and that no caveat or other objection thereto has been filed or entered.
Dated at the Court House in St. John's this 21^st day of June Anno Domini 1889.

Geo. J. Adams
Actg CC & Reg.